How to File a Sexual Abuse Claim in California: A Step-by-Step Guide
You may have heard about the new California law that removes the statute of limitations for many claims related to the sexual abuse of minors. Even though the new law makes it easier for survivors of childhood sexual abuse to seek compensation from the legally responsible parties by filing civil lawsuits, plaintiffs must still follow legal procedures in order to get the courts to consider their lawsuits, and this sometimes involves meeting short deadlines. There are more rules about sexual abuse lawsuits than first meets the eye. Furthermore, filing a lawsuit is a time-consuming and sometimes stressful process. However, recent laws attempt to remove some of the obstacles that have, in the past, prevented most survivors of sexual abuse from pursuing legal action. A Whittier sexual abuse claims lawyer can guide you through the process of filing a civil lawsuit, including the preliminary steps, to seek compensation for sexual abuse that you experienced recently or long ago.
It is Not Too Soon to Meet With a Sexual Abuse Claims Lawyer
The recent news coverage of sexual abuse cases shows that sexual abuse can happen in almost any context. It may or may not involve physical violence or even physical contact. The abuser and the victim may be close in age, or it may be committed by an adult against a minor. It can happen at work, at school, at religious institutions, or within close-knit communities where people think that they can trust each other. The law does not treat all sexual abuse claims the same way. Therefore, it is important to meet with a sexual abuse claims lawyer as soon as possible after you find out about the abuse. By doing this, you can ensure that you do not miss important deadlines. You can also start gathering evidence so that you can build a strong case when it comes time to present your claims to the court.
It is Not Too Late to Get Justice After Childhood Abuse
For instances of sexual abuse of minors that occurred on or after January 1, 2024, there is no deadline for filing a civil lawsuit against the responsible parties. If the abuse occurred before 2024, the deadline is the abuse survivor’s 40th birthday. It may be a challenge to gather evidence related to abuse that happened decades ago; for example, the school or youth program where the abuse occurred may not have very thorough records from the pre-Internet era, and some people who could act as witnesses may no longer be alive.
If you were 18 or older when the abuse occurred, the statute of limitations is 10 years after the date of the abuse incident. Statutes of limitations refer to the date that the court receives the lawsuit. Filing a lawsuit requires a lot of preparation, so you should start working with a lawyer much sooner than that.
If the Defendant is a Government Entity
Many sexual abuse lawsuits have more than one defendant; plaintiffs can sue not only the person who committed the abuse but also entities legally responsible for the abuser’s behavior. For example, the doctrine of vicarious liability holds that employers are legally responsible for harm that their employees cause in the course and scope of their work. Therefore, if the abuse happened at a summer camp, the organization that operated the summer camp program is legally responsible, even if the abuser has long since stopped working there by the time you file the lawsuit.
An additional deadline applies if you are naming a government entity as a defendant. Government entities that might be responsible for sexual abuse lawsuits include cities, counties, school districts, and public sector employers such as police departments or the California Department of Transportation. As a prerequisite for suing a government entity, you must file a government claim within six months of the abuse incident. Even if you have missed the chance to include a government entity as a defendant, you may still be able to proceed with the lawsuit against the other defendants.
If You are an Employee Who Experienced Sexual Harassment at Work
Employment laws include sexual harassment of employees within the definition of employment discrimination. To become eligible to file an employment discrimination lawsuit, you must contact the Equal Employment Opportunity Commission (EEOC) no more than 45 days after the abuse occurs.
Contact the Law Offices of Omar Gastelum About Sexual Abuse Claims
A sexual abuse claims attorney can help you file a civil lawsuit related to sexual abuse. Contact the Law Offices of Omar Gastelum and Associates APLC in Whittier, California, to set up a consultation.
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A Whittier sexual abuse claims lawyer can help you fulfill the requirements for filing a sexual abuse lawsuit.